Lien deadlines · Arkansas

Arkansas mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

For every role on any project, Arkansas's lien filing deadline is 120 days after the things specified in the subchapter have been furnished or the work or labor done or performed (Ark. Code Ann. § 18-44-117(a)(1)). The deadline to sue is 15 months after the lien is filed (§ 18-44-119(a)). The notice to the owner before filing reads: Ten days' notice before the filing of the lien (§ 18-44-114(a)).

Arkansas · Lien deadlinesVerified 2026-10-02
Lien filing
120 days after the things specified in the subchapter have been furnished or the work or labor done or performed
Preliminary notice
Residential: Direct contractor: Before the commencement of work, unless the residential contractor supplies a performance and payment bond or the transaction is a direct sale to the property owner; Residential: Subcontractor, Sub-subcontractor, Supplier, Laborer: No lien may be claimed unless the owner, the owner's authorized agent, or the owner's registered agent has received at least one copy of the notice, which any potential lien claimant may give and which need not have been given by the particular lien claimant. This does not apply where the residential contractor supplies a performance and payment bond or the transaction is a direct sale to the property owner; Other than residential: Subcontractor, Sub-subcontractor, Supplier, Laborer: Before 75 days have elapsed from the time that the labor was supplied or the materials furnished; Other than residential: Direct contractor: None required
Deadline to sue
15 months after the lien is filed

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractorResidentialDefaultBefore the commencement of work, unless the residential contractor supplies a performance and payment bond or the transaction is a direct sale to the property ownerStatute: Ark. Code Ann. § 18-44-115(a)(1); Ark. Code Ann. § 18-44-115(a)(3); Ark. Code Ann. § 18-44-115(a)(4); Ark. Code Ann. § 18-44-115(a)(8)(A)
What the statute says about it. If the residential contractor fails to give the notice, the residential contractor may not avail himself or herself of the benefit of the lien. Recipients: The owner, the owner's authorized agent, or the owner's registered agent. Delivery: By personal delivery or by certified mail.
Subcontractor, Sub-subcontractor, Supplier, LaborerResidentialDefaultNo lien may be claimed unless the owner, the owner's authorized agent, or the owner's registered agent has received at least one copy of the notice, which any potential lien claimant may give and which need not have been given by the particular lien claimant. This does not apply where the residential contractor supplies a performance and payment bond or the transaction is a direct sale to the property ownerStatute: Ark. Code Ann. § 18-44-115(a)(1); Ark. Code Ann. § 18-44-115(a)(5)(A); Ark. Code Ann. § 18-44-115(a)(5)(C); Ark. Code Ann. § 18-44-115(a)(8)(A)
Subcontractor, Sub-subcontractor, Supplier, LaborerOther than residentialDefaultBefore 75 days have elapsed from the time that the labor was supplied or the materials furnishedStatute: Ark. Code Ann. § 18-44-115(b)(4); Ark. Code Ann. § 18-44-115(b)(5)(A); Ark. Code Ann. § 18-44-115(b)(3)
What the statute says about it. Without this notice in writing, the statute gives a subcontractor, service provider, material supplier, or laborer no lien upon commercial real estate. Recipients: The owner, the owner's authorized agent, or the owner's registered agent; The contractor.
Direct contractorOther than residentialDefaultNone requiredStatute: Ark. Code Ann. § 18-44-115(b)(3); Ark. Code Ann. § 18-44-115(b)(4)
(1) No lien upon residential real estate containing four (4) or fewer units may be acquired by virtue of this subchapter unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received, by personal delivery or by certified mail, a copy of the notice set out in this subsection.
Ark. Code Ann. § 18-44-115(a)(1) · Official text · retrieved 2026-09-30
(3) It shall be the duty of the residential contractor to give the owner, the owner's authorized agent, or the owner's registered agent the notice set out in this subsection on behalf of all potential lien claimants before the commencement of work.
Ark. Code Ann. § 18-44-115(a)(3) · Official text · retrieved 2026-09-30
(4) If a residential contractor fails to give the notice required under this subsection, then the residential contractor may not avail himself or herself of the benefit of the lien provided for in this subchapter.
Ark. Code Ann. § 18-44-115(a)(4) · Official text · retrieved 2026-09-30
(A) If the residential contractor supplies a performance and payment bond or if the transaction is a direct sale to the property owner, the notice requirement of this subsection shall not apply, and the lien rights arising under this subchapter shall not be conditioned on the delivery and execution of the notice.
Ark. Code Ann. § 18-44-115(a)(8)(A) · Official text · retrieved 2026-09-30
(A) Any potential lien claimant may also give notice.
Ark. Code Ann. § 18-44-115(a)(5)(A) · Official text · retrieved 2026-09-30
(C) However, no lien may be claimed by any subcontractor, laborer, material supplier, or other lien claimant unless the owner of the residential real estate, the owner's authorized agent, or the owner's registered agent has received at least one (1) copy of the notice, which need not have been given by the particular lien claimant.
Ark. Code Ann. § 18-44-115(a)(5)(C) · Official text · retrieved 2026-09-30
(4) No subcontractor, service provider, material supplier, or laborer shall be entitled to a lien upon commercial real estate unless the subcontractor, service provider, material supplier, or laborer notifies the owner of the commercial real estate being constructed or improved, the owner's authorized agent, or the owner's registered agent in writing that the subcontractor, service provider, material supplier, or laborer is currently entitled to payment but has not been paid.
Ark. Code Ann. § 18-44-115(b)(4) · Official text · retrieved 2026-09-30
(A) The notice shall be sent to the owner, the owner's authorized agent, or the owner's registered agent and to the contractor before seventy-five (75) days have elapsed from the time that the labor was supplied or the materials furnished.
Ark. Code Ann. § 18-44-115(b)(5)(A) · Official text · retrieved 2026-09-30
(3) Because supplying the notice specified in subsection (a) of this section imposes a substantial burden on laborers, subcontractors, service providers, and material suppliers, the notice requirement mandated under subsection (a) of this section as a condition precedent to the imposition of a lien by a laborer, subcontractor, service provider, or material supplier shall apply only to construction of or improvement to residential real estate containing four (4) or fewer units.
Ark. Code Ann. § 18-44-115(b)(3) · Official text · retrieved 2026-09-30

Notice of intent

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultTen days' notice before the filing of the lienStatute: Ark. Code Ann. § 18-44-114(a)
What the statute says about it. Recipients: The owner of the building or improvement.
(a) Every person who may wish to avail himself or herself of the benefit of the provisions of this subchapter shall give ten (10) days' notice before the filing of the lien, as required in § 18-44-117(a), to the owner of a building or improvement that he or she holds a claim against the building or improvement, setting forth the amount and from whom it is due.
Ark. Code Ann. § 18-44-114(a) · Official text · retrieved 2026-09-30

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault120 days after the things specified in the subchapter have been furnished or the work or labor done or performedStatute: Ark. Code Ann. § 18-44-117(a)(1)
(1) A person who wishes to avail himself or herself of the provisions of this subchapter has a duty to file with the clerk of the circuit court of the county in which the building, erection, or other improvement to be charged with the lien is situated and within one hundred twenty (120) days after the things specified in this subchapter have been furnished or the work or labor done or performed:
Ark. Code Ann. § 18-44-117(a)(1) · Official text · retrieved 2026-09-30

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault15 months after the lien is filedStatute: Ark. Code Ann. § 18-44-119(a); Ark. Code Ann. § 18-44-119(b); Ark. Code Ann. § 18-44-119(b)(1); Ark. Code Ann. § 18-44-119(b)(2)
What the statute says about it. No lien continues to exist for more than 15 months after it is filed unless, within that time, an action is instituted and a lis pendens is filed.
(a) All actions under this subchapter shall be commenced within fifteen (15) months after filing the lien and prosecuted without unnecessary delay to final judgment.
Ark. Code Ann. § 18-44-119(a) · Official text · retrieved 2026-09-30
(b) No lien shall continue to exist by virtue of the provisions of this subchapter for more than fifteen (15) months after the lien is filed, unless within that time:
Ark. Code Ann. § 18-44-119(b) · Official text · retrieved 2026-09-30
(1) An action shall be instituted as described in this subchapter; and
Ark. Code Ann. § 18-44-119(b)(1) · Official text · retrieved 2026-09-30
(2) A lis pendens is filed under § 16-59-101 et seq.
Ark. Code Ann. § 18-44-119(b)(2) · Official text · retrieved 2026-09-30

Residential projects

In these rules, residential means residential real estate containing four or fewer units. Commercial real estate is nonresidential real estate and residential real estate containing five or more units.

(3) Because supplying the notice specified in subsection (a) of this section imposes a substantial burden on laborers, subcontractors, service providers, and material suppliers, the notice requirement mandated under subsection (a) of this section as a condition precedent to the imposition of a lien by a laborer, subcontractor, service provider, or material supplier shall apply only to construction of or improvement to residential real estate containing four (4) or fewer units.
Ark. Code Ann. § 18-44-115(b)(3) · Official text · retrieved 2026-09-30
(A) “Commercial real estate” means:
Ark. Code Ann. § 18-44-115(b)(2)(A) · Official text · retrieved 2026-09-30
(i) Nonresidential real estate; and
Ark. Code Ann. § 18-44-115(b)(2)(A)(i) · Official text · retrieved 2026-09-30
(ii) Residential real estate containing five (5) or more units; and
Ark. Code Ann. § 18-44-115(b)(2)(A)(ii) · Official text · retrieved 2026-09-30

Who the deadlines apply to

Arkansas places its mechanics lien timetable in Ark. Code Ann. § 18-44-101 et seq. [1]. Three stages on this page name the same five roles on any kind of project: the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer. Those three are the notice before filing, the lien filing and the deadline to sue [1].

The early notices are where the rules divide, first by project type and then by role. Section 18-44-115(a) covers residential real estate containing four or fewer units, and § 18-44-115(b) covers commercial real estate, a term that section defines [1]. On residential work the direct contractor's rule is one row, and subcontractors, sub-subcontractors, suppliers and laborers share another. On work other than residential, the notice rule lists subcontractors, sub-subcontractors, suppliers and laborers, while the direct contractor's row reads None required [1].

How the periods run

On residential work, unless the residential contractor supplies a performance and payment bond or the transaction is a direct sale to the property owner, the residential contractor gives the owner, the owner's authorized agent, or the owner's registered agent a statutory notice, and its rule reads Before the commencement of work, unless the residential contractor supplies a performance and payment bond or the transaction is a direct sale to the property owner [1]. Under § 18-44-115(a)(4), a residential contractor that fails to give it may not avail itself of the benefit of the lien [1]. For the other four roles on the same residential work, subject to that same bond and direct sale exception, the rule turns on whether the owner, the owner's authorized agent, or the owner's registered agent has received at least one copy of the notice, even one the particular lien claimant did not give [1].

On commercial real estate, a subcontractor, service provider, material supplier, or laborer sends a written notice Before 75 days have elapsed from the time that the labor was supplied or the materials furnished [1]. Without it, the statute gives those claimants no lien upon commercial real estate [1]. The table lists this notice and the residential notices without a counted date.

The later stages name all five roles alike. The notice before filing comes first: Ten days' notice before the filing of the lien [1]. The lien account is filed with the clerk of the circuit court within 120 days after the things specified in the subchapter have been furnished or the work or labor done or performed [1].

Filing the lien starts the last clock, 15 months after the lien is filed [1], for commencing an action under the subchapter. Section 18-44-119(b) adds that no lien continues to exist beyond that time unless, within it, an action is instituted and a lis pendens is filed [1].

How residential work is treated

Only the preliminary notice rows on this page differ by project type. The residential pair applies to residential real estate containing four or fewer units, and the other rule to commercial real estate as § 18-44-115(b)(2)(A) defines it [1]. The notice before filing, the lien filing and the deadline to sue are each listed for any project [1].

What changed recently

The code text quoted here is current through the First Extraordinary Session, 2026 [1]. Section 18-44-115, home of both owner notices, was last amended by Acts 2021, No. 984 [1]. Section 18-44-117, the lien filing section, was last amended by Acts 2019, No. 806 [1]. The notice before filing in § 18-44-114 was last amended by Acts 2009, No. 454, and § 18-44-119, on actions, by Acts 2005, No. 2287 [1].

Related

Lien deadlines: other states

Sources

  1. Arkansas Code of 1987 Annotated, LexisNexis public access for the Arkansas Code (retrieved 2026-09-30)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  3. : Dataset first published: 9 of 51 jurisdictions published.